Routledge Research in International Commercial Law – serie

The core structure of the regulatory regime for international civil aviation (the ‘Chicago System’) is inter–national. The features of the Chicago System were designed in an era when the world’s airlines were State–owned, and the most pressing international concerns were for navigation and safety regulation. Economic liberalization and intense globalization since the Second World War have impacted on the industry; today, it is global. This book observes the developing governance of global aviation, taking into account the concepts of sovereignty, jurisdiction and territoriality, and the proliferation of actors and participants as partners in a global public policy network, to posit that an upgraded system of global governance for civil aviation helps to explain the emerging complex landscape for global governance of civil aviation. As evidence of the emerging, complex matrix of governance of global aviation, this book identifies and reviews a selection of contemporary, transnational economic and environmental challenges facing the globalized aviation sector, e.g. fair competition safeguards, consumer protection, noise pollution and greenhouse gas emissions, and the respective ‘legal’ and policy actions taken at national level (United Arab Emirates, Qatar and People’s Republic of China), regional level (the European Union) and international level (UN Framework Convention on Climate Change and International Civil Aviation Organization).The book concludes that economic and environmental regulation of international aviation, designed for an inter–national world of yesterday, evolves into global governance of aviation, which is more suited for today’s global world. This book will be of particular interest to scholars and practitioners of aviation law, competition law and environmental law, as well as in the areas of transnational law, global governance and international relations.

The rise and spread of the Internet has accelerated the global flows of money,technology and information that are increasingly perceived as a challenge to thetraditional regulatory powers of nation states and the effectiveness of their constitutions.The acceleration of these flows poses new legal and political problemsto their regulation and control, as shown by recent conflicts between Google andthe European Union (EU).This book investigates the transnational constitutional dimension of recentconflicts between Google and the EU in the areas of competition, taxation andhuman rights. More than a simple case study, it explores how the new conflictsoriginating from the worldwide expansion of the Internet economy are being dealtwith by the institutional mechanisms available at the European level. The analysisof these conflicts exposes the tensions and contradictions between, on the onehand, legal and political systems that are limited by territory, and, on the otherhand, the inherently global functioning of the Internet. The EU’s promisinginitiatives to extend the protection of privacy in cyberspace set the stage for abroader dialogue on constitutional problems related to the enforcement of fundamentalrights and the legitimate exercise of power that are common to differentlegal orders of world society. Nevertheless, the different ways of dealing with thecompetition and fiscal aspects of the conflicts with Google also indicate the samelimits that are generally attributed to the very project of European integration,showing that the constitutionalization of the economy tends to outpace the constitutionalizationof politics.Providing a detailed account of the unfolding of these conflicts, and their widerconsequences to the future of the Internet, this book will appeal to scholarsworking in EU law, international law and constitutional law, as well as those in thefields of political science and sociology.

Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules.The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules.Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.

Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration.Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules.The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules.Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.

International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.

This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America.The primary focus of the book is an analysis of the formation of the arbitrator’s contract and the terms of this contract and the institution’s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms.International Commercial Arbitration and the Arbitrator’s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.

Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners.This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce.This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.

This book examines the formation, nature and effect of the arbitrators’ contract, addressing topics such as the appointment, challenge, removal and duties and rights of arbitrators, disputing parties and arbitration institutions. The arguments made in the book are based on a semi-autonomous theory of the juridical nature of international arbitration and a contractual theory of the legal nature of these relationships. From these premises, the book analyses the formation of the arbitrator’s contract in both ad hoc and institutional references. It also examines the institution’s contract with the disputing parties and its effect on the arbitrator’s contract under institutional references. The book draws from national arbitration laws and institutional rules in various jurisdictions to give a global view of the issues examined in it. The arbitrator’s contract is analysed from a global perspective of arbitral law and practice with insights from various jurisdictions in Africa, Asia, Europe, North and South America.The primary focus of the book is an analysis of the formation of the arbitrator’s contract and the terms of this contract and the institution’s contract. The primary question of the consequences (if any) of the breaches of the terms of these contracts and its impact on the exclusion or limitation of liability of arbitrators and institutions is also analysed with the conclusion that since these transactions are contractual and the terms can be categorised as in any normal contract, then normal contractual remedies can be applied to the breaches of these terms.International Commercial Arbitration and the Arbitrator’s Contract will be of great value to arbitration practitioners and researchers in arbitration. It will also be very useful to students of arbitration on the topics of arbitrators and arbitration institution.

International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.

The rise and spread of the Internet has accelerated the global flows of money,technology and information that are increasingly perceived as a challenge to thetraditional regulatory powers of nation states and the effectiveness of their constitutions.The acceleration of these flows poses new legal and political problemsto their regulation and control, as shown by recent conflicts between Google andthe European Union (EU).This book investigates the transnational constitutional dimension of recentconflicts between Google and the EU in the areas of competition, taxation andhuman rights. More than a simple case study, it explores how the new conflictsoriginating from the worldwide expansion of the Internet economy are being dealtwith by the institutional mechanisms available at the European level. The analysisof these conflicts exposes the tensions and contradictions between, on the onehand, legal and political systems that are limited by territory, and, on the otherhand, the inherently global functioning of the Internet. The EU’s promisinginitiatives to extend the protection of privacy in cyberspace set the stage for abroader dialogue on constitutional problems related to the enforcement of fundamentalrights and the legitimate exercise of power that are common to differentlegal orders of world society. Nevertheless, the different ways of dealing with thecompetition and fiscal aspects of the conflicts with Google also indicate the samelimits that are generally attributed to the very project of European integration,showing that the constitutionalization of the economy tends to outpace the constitutionalizationof politics.Providing a detailed account of the unfolding of these conflicts, and their widerconsequences to the future of the Internet, this book will appeal to scholarsworking in EU law, international law and constitutional law, as well as those in thefields of political science and sociology.

This book provides a detailed examination of the core areas of commercial law in common law jurisdictions across a range of South Pacific countries: Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.Commerce is an area of central importance to the South Pacific region. Although the countries in question are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. With a focus on case law and legislative provisions in individual jurisdictions, it sets out the framework of legal principles that regulate commercial activity within the South Pacific region, highlighting the common patterns and principal differences between countries of the region. It includes a discussion of PACER Plus, post-Cotonou discussions and the EU-OACPS Partnership Agreement as well as key amendments and challenges to commercial law in the region. It explores the legal structures of commerce, control and management of commercial entities, banking and transactions and termination. Importantly, the book has two new chapters, on digital currency and e-commerce in the South Pacific, reflecting the increasing use of technology in financial and commercial transactions.Offering a detailed analysis of the legal principles that regulate commercial activity within the South Pacific region, this book will be a useful resource for students, academics and practitioners working on commercial law in the South Pacific region.

This book provides a detailed examination of the core areas of commercial law in common law jurisdictions across a range of South Pacific countries: Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Niue, Nauru, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.Commerce is an area of central importance to the South Pacific region. Although the countries in question are small it is widely acknowledged that their need to promote and develop commercial enterprise is crucial for their future sustainability. With a focus on case law and legislative provisions in individual jurisdictions, it sets out the framework of legal principles that regulate commercial activity within the South Pacific region, highlighting the common patterns and principal differences between countries of the region. It includes a discussion of PACER Plus, post-Cotonou discussions and the EU-OACPS Partnership Agreement as well as key amendments and challenges to commercial law in the region. It explores the legal structures of commerce, control and management of commercial entities, banking and transactions and termination. Importantly, the book has two new chapters, on digital currency and e-commerce in the South Pacific, reflecting the increasing use of technology in financial and commercial transactions.Offering a detailed analysis of the legal principles that regulate commercial activity within the South Pacific region, this book will be a useful resource for students, academics and practitioners working on commercial law in the South Pacific region.

This book assesses the rapidly changing landscape of digital finance regulation. Focusing on the laws of banking-finance, tax, insurance, intellectual property (patents and copyright) and international commercial arbitration, it also delves into the regulation of tokens and the laws pertaining to its development, use, and transaction.The book undertakes a comparative study of civil and common law jurisdictions such as Australia, India, Japan, Singapore, United Kingdom, European Union, and the United States. It explores how each jurisdiction is at various stages of developing its digital economy and providing banking and financial regulations for crypto-digital assets such as tokens. It also highlights the potential for global regulatory change and collaboration, such that there is a robust, efficient, and harmonised framework of standards, codes and law. The book asserts that blockchain technology will be a disruptive force to commercial law and will be important to taxation and insurance laws (smart contracts), as well as the technology that supports them. Due to the rapid transformation in regulatory landscape, the laws compared were as at November 2024. Since then there have been changes. It also expands on how international arbitration agreements will require more extensive knowledge on data and cybersecurity due to the use of expert evidence that involves blockchain, code, and cybersecurity, amongst other technological elements that facilitate smart contracts and token transactions.A book of keen interest to scholars of finance law, digital finance, and comparative law, as well as legal practitioners.

This book demystifies the effectiveness of good faith in international commercial arbitration law.In the growing universe of international commercial arbitration, it is more pressing than ever to discuss the role of good faith and challenge residual conservative skepticism regarding its usefulness. The book employs principles, standards and concepts which are normatively ingrained in good faith. These include the principle of pacta sunt servanda, the estoppel doctrine, the transnational standard of cooperation and fair dealing among merchants. It also discusses the pertinence of good faith to corrective justice, proportionality, prohibition of discrimination and unconscionability, international public policy and due process, among other concepts. This granular approach demonstrates how good faith is integrated into the practice of international commercial arbitration. The book sheds light on the technical functions of the principle in parties’ substantive protection, contractual interpretation and arbitral procedure, with an ultimate view to reinforcing the soundness and persuasive value of arbitral decision-making. Throughout, the book establishes a uniform and enforceable conceptualization of good faith in transnational disputes.The book will be of interest to practitioners and researchers in the fields of commercial law, arbitration, transnational disputes and international law.

The book asks whether the use of Artificial Intelligence (AI) and Generative AI (GenAI) in international arbitration represents a revolution or an evolution of the international dispute resolution landscape.Critically engaging with the transformative impact of the Fourth Industrial Revolution (4IR), this book focuses on the integration of AI and GenAI into international commercial arbitration. Set against the backdrop of rapid technological advancement, it explores how arbitral tribunals and stakeholders are cautiously yet progressively adopting these innovations in a manner that respects and preserves the foundational principles of arbitration. Through an interdisciplinary and practice-oriented approach, the book examines the evolving role of AI in arbitration. It analyzes how AI is perceived and applied by parties, arbitral institutions, and arbitrators, as well as assesses the legal frameworks in place to govern it. Offering a balanced analysis of both the opportunities and legal and ethical dilemmas posed by emerging technologies, the book asks if a duty of disclosure is relevant in relation to AI use, and what challenges this might entail. It also covers the status of AI-generated arbitral awards under international law, as well as copyright law.This book will be of interest to researchers in the field of international arbitration and commercial law.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC BY-NC-ND) 4.0 license.

This book offers a critical and comparative analysis of exemption, frustration, and force majeure within the framework of three pivotal legal instruments: the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, (UPICC) and English contract law.Rooted in principles of fairness and legal predictability, the book argues that the CISG, UPICC and English law provide mechanisms through which contractual obligations may be excused when unforeseen events render performance impossible. While conceptually related, the book reveals substantive and procedural divergences in how each legal system interprets and applies the principles of exemption, frustration and force majeure. Systematically examining the similarities, differences, and evolving intersections of each legal framework, particularly in relation to mistake, termination, avoidance, risk, and hardship, the book employs a historical and jurisprudential context, highlighting both theoretical and practical applications. It suggests a Draft Model Frustration Clause (DMFC), aimed at addressing deficiencies in existing legal frameworks and providing a harmonized clause better suited for contemporary international commercial practice.The book will be of interest to researchers in the field of commercial law, contract law and business law.

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it.This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts.The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration.Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it.This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts.The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Progressive Commercialization of Airline Governance Culture analyzes the transition of the airline sector from the not-for-profit nation-bound public utility model towards a profit-oriented globalized industry. It illustrates how legal, political, historical and cultural factors have shaped the corporate governance in the airline sector, and describes how these factors influence economic decisions and performance. The unique feature of the book is that the subject is consequentially discussed from the perspective of airline governance culture. This approach links the examination of legal and policy factors which influence airline activities together with a discussion of economic issues, all within one clear, coherent and comprehensive framework.

Progressive Commercialization of Airline Governance Culture analyzes the transition of the airline sector from the not-for-profit nation-bound public utility model towards a profit-oriented globalized industry. It illustrates how legal, political, historical and cultural factors have shaped the corporate governance in the airline sector, and describes how these factors influence economic decisions and performance. The unique feature of the book is that the subject is consequentially discussed from the perspective of airline governance culture. This approach links the examination of legal and policy factors which influence airline activities together with a discussion of economic issues, all within one clear, coherent and comprehensive framework.

Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners.This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce.This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.